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Old 06-13-2019, 05:25 PM
 
9 posts, read 2,128 times
Reputation: 12

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Hi all, I just discovered this forum for the first time while searching for information on my current situation, so please excuse me if I am making a mistake in posting here.

I’ve just been told by the Illinois Department of Unemployment Security that an adjudicator will be calling to interview me to determine if I’ve incorrectly claimed to be “available for work.” Their reasoning is that, in traveling to another state for job interviews, I became “unavailable for work” in Illinois. I’d greatly appreciate if anyone can advise me on how to proceed based on the below.

To give some background, I spent the last 2 years with my previous employer, beginning my final semester of college in 2017 and ending at the end of this March. I was given 3 month contracts that repeated each quarter and paid a weekly rate if I worked at all during the week. I was never given any benefits at any point during these uninterrupted 2 years of 40+ hour work weeks. At the end of of Q1 this year I was abruptly informed I would not be being renewed, and thus became unemployed on April 1 (or immediately upon walking out of the office on Friday, March 29, according to the woman I just spoke with).

So this is the first time I’ve been unemployed in my adult life, and I admit I was a bit naive. I did not immediately file for unemployment benefits, in part because I guess I thought that was something only proper “full-time” salaried employees could do following a proper lay-off. Stupid on my part, I know. No one told me this was something I could or should do until my grandfather informed me one of the last days in May, so almost if not exactly 2 months later.

After filing a debit card was sent to my Illinois home address just under 2 weeks later, which appeared to contain 1-2 weeks worth of benefit money. I had some questions regarding the Work Search Form, I wanted to know how to switch to direct deposit, and most importantly, I wanted to learn how to retroactively be paid for April and May, so I called the number I was given. The woman informed me that to apply for backdated benefits she would have to print out and mail me physical forms because it could not be done online. Now here is where the problem starts.

I work in a very specific, small media field that has very little job opportunity in Illinois. Nearly every single work contact in my network and every person I’ve ever done business with during my career is based in NYC/LA/London, and so there is near 100% certainty that to find employment I will end up in one of those locations. Because I have friends and family who live in NYC, I traveled there to stay with them for free (and be given free meals in the process - remember no income at this point!) and set up meetings in the city. I have been in NYC on and off for the duration of my unemployment, and have done 40-50 interviews/meetings/networking events during that time, all well documented in a log I kept. I read that if you leave Illinois, these benefits still follow you, so I didn’t think there would be a problem, but when I asked her if she could mail the paperwork to a NYC address instead she immediately accused me of being in violation of state policy that dictates what constitutes being “available for work” and informed me she's arranged for an adjudicator to interview me.

Now, it’s absurd in general to imply in 2019 that being outside of a certain location means you can’t search for work in that location when everything is done online in the first place. This isn’t the dark ages where I’m going to brick and mortar unemployment offices, looking at literal, physical job boards, or going door to door of each factory in town. In theory I could do a phone interview from a parent’s basement, or be sitting on a beach and still scroll through LinkedIn and job sites (which I’ve been searching through nonstop no matter where I am anyway). But the fact of the matter is, if I’m serious about finding a job, which I am, I need to go to where they are and meet people on the ground. And that’s in NYC, not in Illinois. The woman I spoke to started grilling me on departure dates and travel itineraries. She said that when she interviewed for a job she flew out for it and back the same day. She said she’s never heard of a job interview take a full week. But I’m doing multiple rounds of interviews with multiple companies across many days, and taking informational interviews and doing networking events with every other company all the other days in between. Why would I fly back and forth to arbitrarily spend a night in my Illinois residence when I don’t have an income to pay for plane tickets? Why would I risk being unavailable if told to come in the next morning for another round of interviewing when I could just stay where the jobs I’m in the running for are located?

It’s also worth noting that my parents paid for me to fly home for Easter during this time, and my grandparents also paid for me to visit them for a time, both out of state, and yet I was still constantly emailing potential employers, searching online job listings, and even doing phone and Skype interviews for jobs in various other locations during these days. At no point have I claimed any other state of residence besides Illinois, where I still pay rent on an apartment that contains all of my possessions not currently in my suitcase.

So I have 2 questions:

1. Do you have any advice on how to secure backdated benefits for April and May, and/or do you have any information on how often these requests are approved or what they look for? I can provide the log of the 40-50 meetings etc. I’ve done during this time. But that brings me to,

2. They’re almost all in NYC. What do I do about this? I feel like I can’t get the benefits I’m entitled to unless I show what I’ve done to go above and beyond in searching for work, but that then exposes the fact that I’ve been out of state, which is apparently an unforgivable sin. How do I explain this to an adjudicator?

Anything helps! Thanks!
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Old 06-13-2019, 05:57 PM
 
14,508 posts, read 24,046,259 times
Reputation: 2562
Quote:
Originally Posted by coconutcashews View Post
Their reasoning is that, in traveling to another state for job interviews, I became “unavailable for work” in Illinois.
Travelling is a problem, but actually interviewing is not. Lot's of people say that they are travelling for interviews, and it's a total lie.

Quote:
Originally Posted by coconutcashews View Post
immediately upon walking out of the office on Friday, March 29, according to the woman I just spoke with).
This is accurate. UI is driven by the last day you physically worked. The reason is because some employers say things like, "we just don't have any work for you this week," and then things drag on for a month. You think you still have a job because you weren't fired, but not being allowed to work is exactly the same

Quote:
Originally Posted by coconutcashews View Post
my grandfather informed me . . . .
Parents should be telling this to their children as soon as they get their first job.

Quote:
Originally Posted by coconutcashews View Post
I wanted to learn how to retroactively be paid for April and May,
Not going to happen unless you can spin a new story. Your only reason for not applying is because you didn't think you were eligible. That's your fault.

Quote:
Originally Posted by coconutcashews View Post
I work in a very specific, small media field that has very little job opportunity in Illinois. Nearly every single work contact in my network and every person I’ve ever done business with during my career is based in NYC/LA/London,
Just spill it, and don't be all secretive.

An example you'd most likely understand: imagine that you were a corset maker when they fell out of fashion.

Sure you could try to argue that they are still in demand in Europe while not here, but people in dying professions are unavailable for work unless they will do something else so that they can be available to a "substantial field of employment."

Quote:
Originally Posted by coconutcashews View Post
and so there is near 100% certainty that to find employment I will end up in one of those locations.
No.

It means that to find a job in that field then you have to move there. You can just as easily look for another type of work, and then quit when you get a job in that narrow field.

There's limits to just how small your field can be and to restrict yourself to it renders you not "able & available."

Quote:
Originally Posted by coconutcashews View Post
Because I have friends and family who live in NYC, I traveled there to stay with them for free (and be given free meals in the process - remember no income at this point!) and set up meetings in the city. I have been in NYC on and off for the duration of my unemployment, and have done 40-50 interviews/meetings/networking events during that time, all well documented in a log I kept. I read that if you leave Illinois, these benefits still follow you, so I didn’t think there would be a problem, but when I asked her if she could mail the paperwork to a NYC address instead she immediately accused me of being in violation of state policy that dictates what constitutes being “available for work” and informed me she's arranged for an adjudicator to interview me.
She's not too far off. She has no clue about your work search log, and she's probably been lied to a zillion times when someone is on vacation.

If you want to MOVE to NYC, then you change your address. You don't keep one foot in the door.

Had you changed your address, none of this would be happening to you right now.

Quote:
Originally Posted by coconutcashews View Post
Now, it’s absurd in general to imply in 2019 that being outside of a certain location means you can’t search for work in that location when everything is done online in the first place.
You're confusing looking for work with being "able and available" for work.

Yes, you can look for jobs in IL from NY. The system works on what is "prevailing." Most people live within a reasonable commuting distance of their jobs. It's expected that if offered work right NOW that starts NOW, you will show up. There is no way in hell that if an IL employer called you with such an offer that you could get there in time from NYC.

Quote:
Originally Posted by coconutcashews View Post
where they are and meet people on the ground.
Fine, then MOVE.

Quote:
Originally Posted by coconutcashews View Post
Why would I fly back and forth to arbitrarily spend a night in my Illinois residence when I don’t have an income to pay for plane tickets?
UI is not logical. It doesn't care about your savings, resources, or income.

If you sit there and say to a UI worker, "look, you're taking too long to pay my benefits. I don't have gas to go on interviews." I guarantee that you'll get hit with a "work search" and "able and available" audit.

It is NOT a sympathy system. NEVER tell a UI worker about your problems because those problems don't usually get you sympathy, they get you shut off.

Quote:
Originally Posted by coconutcashews View Post
At no point have I claimed any other state of residence besides Illinois, where I still pay rent on an apartment that contains all of my possessions not currently in my suitcase.
This is nothing to brag about. You don't understand the system. If you want a job in NYC, MOVE there.

Quote:
Originally Posted by coconutcashews View Post
1. Do you have any advice on how to secure backdated benefits for April and May, and/or do you have any information on how often these requests are approved or what they look for? I can provide the log of the 40-50 meetings etc. I’ve done during this time. But that brings me to,
You need to be able to blame it on your former employer, an IDES worker, or on something to do with IDES. Your story as written is an absolute loser for backdating.

Quote:
Originally Posted by coconutcashews View Post
2. They’re almost all in NYC. What do I do about this? I feel like I can’t get the benefits I’m entitled to unless I show what I’ve done to go above and beyond in searching for work, but that then exposes the fact that I’ve been out of state, which is apparently an unforgivable sin. How do I explain this to an adjudicator?
You show your work search efforts and CHANGE your address permanently to NYC, and give up your IL life. If not, then you go back to IL, and look for work in IL in some other career, but you can't do both.

Do you live in Chicago close to Midway or O'Hare, I mean really close? Are you staying close to JFK, La Guardia, or Newark?

You can also try to show that there's a flight every half hour, and you're willing to pay walk up fares to get back to IL, and can report to a job in IL if offered with 1.5 hours.

Last edited by Chyvan; 06-13-2019 at 06:19 PM..
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Old 06-13-2019, 06:49 PM
 
9 posts, read 2,128 times
Reputation: 12
Thank you for your reply! I appreciate the detailed response.

Quote:
Originally Posted by Chyvan View Post
Travelling is a problem, but actually interviewing is not. Lot's of people say that they are travelling for interviews, and it's a total lie.
Okay, so say for example I admit I traveled to visit family. Is there a scenario in which I just lose out on a specific week or two of payments, or does that topple the whole thing? Are they going to ask for airline tickets or flight receipts to prove an exhaustive timeline of all my travel? Are they going to be investigating me to see if I posted on social media about being out of town? Why was the explanation of "able to work" no clearer about this meaning I had to sit in Illinois and not leave to look for work??

Quote:
Originally Posted by Chyvan View Post
Not going to happen unless you can spin a new story. You're only reason for not applying is because you didn't think you were eligible. That's your fault.

You need to be able to blame it on your former employer, an IDES worker, or on something to do with IDES. Your story as written is an absolute loser for backdating.
My grandfather said that in his state you're automatically paid retroactively so I was kind of surprised by the mentality that I would have to fight for it in the sense that I'd need to prove I was tricked into not applying or something, I thought it would just be a matter of proving I'd been unemployed then, too. What a terrible system.

How do you recommend I frame this then? There's a separate interview for this, and I assume they'll have notes from today's call where I stumbled through things a bit naively. If I say someone at my former place of work told me I wouldn't be eligible what would be the ramifications of that? Were my rights ever supposed to be explained to me at any point in this process? I feel stupid and ignorant but I'm educated and can figure it out eventually, I feel bad for the people who have less of a clue and are completely taken advantage of. How this isn't made mandatory to be explained upon termination, or even just automated, is absurd.

Quote:
Originally Posted by Chyvan View Post
Just spill it, and don't be all secretive.

An example you'd most likely understand: imagine that you were a corset maker when they fell out of fashion.

Sure you could try to argue that they are still in demand in Europe while not here, but people in dying professions are unavailable for work unless they will do something else so that they can be available to a "substantial field of employment."
No.

It means that to find a job in that field then you have to move there. You can just as easily look for another type of work, and then quit when you get a job in that narrow field.

There's limits to just how small your field can be and to restrict yourself to it renders you not "able & available."
I work in music licensing. My prior job was handling music creative, deal negotiation, live production, and license execution at an ad agency. The only other Illinois based jobs in this field are other ad agencies, and I know none of them are looking because I know them all personally. It's rare for ad agencies to have in-house music people anyway; only big ones in big cities do, and even then the total pool of positions is very small.

So I've expanded my search to include not only other ad agencies but also media and production companies with similar roles, as well as flipping over to the other side and including record labels, publishers, production music companies, original music companies, third party music agencies, and more. Almost all of these are in the non-Illinois cities I mentioned, and since my job was interfacing with all of them on a daily basis, I basically emailed every contact I had and said hey, I'm coming to your city, let's meet and discuss possible opportunities. I then flew to NYC and spent weeks on end in back-to-back meetings with everyone who could ever possibly either hire me or connect me with someone who will.

The music industry and adjacent fields are a small world, but like I said I know them all and so this small world still filled my time with 40-50 (and counting!) job interviews, informational interviews, general meetings, networking events, and more.

Quote:
Originally Posted by Chyvan View Post
If you want to MOVE to NYC, then you change your address. You don't keep one foot in the door.

Had you changed your address, none of this would be happening to you right now.

Yes, you can look for jobs in IL from NY. The system works on what is "prevailing." Most people live within a reasonable commuting distance of their jobs. It's expected that if offered work right NOW that starts NOW, you will show up. There is no way in hell that if an IL employer called you with such an offer that you could get there in time from NYC.

Fine, then MOVE.

This is nothing to brag about. You don't understand the system. If you want a job in NYC, MOVE there.

You show your work search efforts and CHANGE your address permanently to NYC, and give up your IL life. If not, then you go back to IL, and look for work in IL in some other career, but you can't do both.
The problem is, I can't move until I know what city I get hired in (as well as what neighborhood and price range I can afford). I'm focusing on NYC as it's most likely and every other company based elsewhere still has at least one person on the ground here I can meet with, but I'm looking elsewhere also and the people I meet here could just as well inform me they have an opening in their LA or London offices. I couldn't even get approved for a new apartment unless I have proof of income anyway, which would come with the job offer.

Should I just put the address I've been staying at in NYC and claim I live here and then apply for unemployment in New York state? Will they ask for proof of residence? How would that even work?

I also disagree that I couldn't get there in time, if someone in Illinois said I can start tomorrow I could get a flight. It would be an inconvenience but it's 100% doable. And again - I know with near absolute certainty there is not only no work opportunity for me in Illinois, but if there was I'd know the hiring manager already from my network, and I would be made aware of the opening in a far less extreme scenario. My job can be done completely remotely if needed anyway! It's not like I'm ignoring my local coal mine.

Quote:
Originally Posted by Chyvan View Post
Do you live in Chicago close to Midway or O'Hare, I mean really close? Are you staying close to JFK, La Guardia, or Newark?

You can also try to show that there's a flight every half hour, and you're willing to pay walk up fares to get back to IL, and can report to a job in IL if offered with 1.5 hours.
It's about an hour to each airport from each apartment in both cities. Like I said above, it's 2019, I can get around just fine. It just feels like I'm being punished for taking the smart approach to finding a job as quickly and as efficiently as possible, and it feels like I've been tricked with a gotcha situation. It's absurd that something as arbitrary as state borders and poor government explanation is potentially costing me thousands of dollars...
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Old 06-13-2019, 07:49 PM
 
14,508 posts, read 24,046,259 times
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Quote:
Originally Posted by coconutcashews View Post
Okay, so say for example I admit I traveled to visit family. Is there a scenario in which I just lose out on a specific week or two of payments, or does that topple the whole thing? Are they going to ask for airline tickets or flight receipts to prove an exhaustive timeline of all my travel? Are they going to be investigating me to see if I posted on social media about being out of town? Why was the explanation of "able to work" no clearer about this meaning I had to sit in Illinois and not leave to look for work??
It would be a week by week disqualification while you were "vacation."

However, in CA (I don't know about IL), most people that play this game say on their weekly claim forms that they were "able and available," and instead of a week by week disqualification, they get "false statement" penalties thrown at them, and then it's a whole lot more costly than a week or two of benefits.

I don't know what IL is going to do, but you have logs of your contacts that might very well be enough, but you need to move if you want to stay in NYC.

You do NOT have to stay in IL.

They don't explain "able and available" so that people have a harder time gaming the system.

Look, maybe you believe that UI is for people that lose their job through no fault of their own." It's not. The states pay the benefits because the law says they have to if the claimant meets the requirements. The job of a UI worker is to look for reasons to deny you benefits because of a requirement that you're not meeting. That's why you don't tell them anything.

Quote:
Originally Posted by coconutcashews View Post
My grandfather said that in his state you're automatically paid retroactively so I was kind of surprised by the mentality that I would have to fight for it in the sense that I'd need to prove I was tricked into not applying or something, I thought it would just be a matter of proving I'd been unemployed then, too. What a terrible system.
It is NOT a terrible system. It saves people IF they take the time to learn how it works. Honestly, until now, how much time did you take to learn what you needed to do to access the benefits?

First-time claimants get ripped off all the time. I've been posting about the ignorance of the UI system since 2011 when I almost got cheated. I knew a lot of the rules, but in my case, no one ever told me that a UI worker would pervert things.

You need to discuss this with your family and friends so that people start learning it BEFORE they need it. If you'd posted that you wanted to do a protracted work search in NYC, I'd have told you to change your address, travel by plane on a day when you don't normally work, and to travel at night, and be in the new location ready to work first thing in the morning on the next available work day, and to save EVERY thing to prove your statements.

Quote:
Originally Posted by coconutcashews View Post
If I say someone at my former place of work told me I wouldn't be eligible what would be the ramifications of that?
Not good enough. It has to be a plausible story that you can back up.

"I worked on a series of three-month contracts. I was told repeatedly by the HR people, 'you know these contracts are temporary. You have NO benefits.'" This has to have caused you to not apply for UI because you thought it meant ALL benefits. Even then, I would have known that UI wouldn't be covered, but it's possible to sometimes sell it.

Saying you didn't think you'd be eligible - loser. Being told by someone in a position to know otherwise that you wouldn't be eligible - stands a chance.

Quote:
Originally Posted by coconutcashews View Post
Were my rights ever supposed to be explained to me at any point in this process? I feel stupid and ignorant but I'm educated and can figure it out eventually, I feel bad for the people who have less of a clue and are completely taken advantage of. How this isn't made mandatory to be explained upon termination, or even just automated, is absurd.
It's covered by "ignorance of the law is no excuse."

Quote:
Originally Posted by coconutcashews View Post
I work in music licensing. My prior job was handling music creative, deal negotiation, live production, and license execution at an ad agency. The only other Illinois based jobs in this field are other ad agencies, and I know none of them are looking because I know them all personally. It's rare for ad agencies to have in-house music people anyway; only big ones in big cities do, and even then the total pool of positions is very small.
Again, you keep showing your ignorance. You're not required to apply for open positions. You only need to apply to places where you have a reasonable belief that they have the type of work you can do regardless if it's open, advertised, or the only time they have an opening is if someone dies.

It also sounds like you might be able to find work negotiating other kinds of contracts. Apply to be a purchasing agent or expediter. Your lack of hands on experience will get your application shoved to the bottom of the pile, but it might very well satisfy a low-paid government worker that you're doing what is required.

There's a difference between you not being available for work (in jail) or jobs not being available to you (you're out of jail and now have a criminal record).

Quote:
Originally Posted by coconutcashews View Post
So I've expanded my search to include not only other ad agencies but also media and production companies with similar roles, as well as flipping over to the other side and including record labels, publishers, production music companies, original music companies, third party music agencies, and more. Almost all of these are in the non-Illinois cities I mentioned, and since my job was interfacing with all of them on a daily basis, I basically emailed every contact I had and said hey, I'm coming to your city, let's meet and discuss possible opportunities. I then flew to NYC and spent weeks on end in back-to-back meetings with everyone who could ever possibly either hire me or connect me with someone who will.
Great, you have nice paper trail. You'll probably be ok, and then cautioned what you need to do like CHANGE your address.

If you get called in for an RESEA appointment to report back to IL, then you're really going to be ticked off.

Quote:
Originally Posted by coconutcashews View Post
Should I just put the address I've been staying at in NYC and claim I live here and then apply for unemployment in New York state? Will they ask for proof of residence? How would that even work?
Yes you can use the NY address if you have a belief that you'll actually get your mail there.

NO! You don't apply for UI in NY. You can collect your IL benefits in all 53 UI jurisdictions in the US and all of Canada no matter what your address is. You might even be able to collect them in any country, but we have issues with that. NY's positions is currently NO. CA's position is if you have a legal right to work in the foreign country then you can, but we don't know what IL does. Those people don't typically have a connection to another country.

The only problem with "moving" is how you do it. If you live in Chicago, and rent a U-haul to drive cross country to live in LA, then don't mark on your UI claim form that you were "able and available" for work just because you submitted online applications while in transit out of a hotel room. That's not reasonable. However, packing a couple of suitcases, taking an overnight flight on a Sunday for a Monday morning arrival, and changing your address to look for work and live out of your suitcases is fine, and then when you get our first vacation from your new job, you go clear out your apartment.

Quote:
Originally Posted by coconutcashews View Post
I also disagree that I couldn't get there in time, if someone in Illinois said I can start tomorrow I could get a flight.
The UI system doesn't work on "tomorrow." "able and available" are defined by NOW! Remember, they look for reasons to deny. They contemplate someone is going to call you and say, "you be here in an hour. We got work for you."

Quote:
Originally Posted by coconutcashews View Post
I know with near absolute certainty there is not only no work opportunity for me in Illinois,
Doesn't matter, and if you start saying this out loud, you just might find that they find your field of work so small that you get cut off.

Stop being logical.

Quote:
Originally Posted by coconutcashews View Post
It's absurd that something as arbitrary as state borders and poor government explanation is potentially costing me thousands of dollars...
I disagree. It's your ignorance that will cost you. I could have told you everything you need to know so that you'd have collected week after week with no problems, and I know this because I've been on UI a lot in various scenarios, but it was when I was almost cheated in a textbook case that I became militant so that people would learn this stuff.
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Old 06-13-2019, 10:00 PM
 
9 posts, read 2,128 times
Reputation: 12
Quote:
Originally Posted by Chyvan View Post
It would be a week by week disqualification while you were "vacation."

However, in CA (I don't know about IL), most people that play this game say on their weekly claim forms that they were "able and available," and instead of a week by week disqualification, they get "false statement" penalties thrown at them, and then it's a whole lot more costly than a week or two of benefits.
So should I be prepared to go through week by week where I was with this guy on the phone? Are they going to require proof of what I say in the form of ticket receipts etc?

Quote:
Originally Posted by Chyvan View Post
They don't explain "able and available" so that people have a harder time gaming the system.
Well it genuinely confused me. I did the best I could based on my understanding of what the website said. I certainly hope they don't try to accuse me of gaming the system, because I'm not and never have been. I clearly have been too naive to even get what I deserve, much less try to take more.

Quote:
Originally Posted by Chyvan View Post
Not good enough. It has to be a plausible story that you can back up.

"I worked on a series of three-month contracts. I was told repeatedly by the HR people, 'you know these contracts are temporary. You have NO benefits.'" This has to have caused you to not apply for UI because you thought it meant ALL benefits. Even then, I would have known that UI wouldn't be covered, but it's possible to sometimes sell it.

Saying you didn't think you'd be eligible - loser. Being told by someone in a position to know otherwise that you wouldn't be eligible - stands a chance.
This is a good point and it's true. Like I said I genuinely thought I wasn't eligible for any benefits because I was told repeatedly "you are not eligible for any benefits." I obviously see now how I was ignorant to the processes that kick in once that benefit-less employment ends.

Quote:
Originally Posted by Chyvan View Post
Again, you keep showing your ignorance. You're not required to apply for open positions. You only need to apply to places where you have a reasonable belief that they have the type of work you can do regardless if it's open, advertised, or the only time they have an opening is if someone dies.
And I have. Like I said I've done a crazy amount of informational meetings and networking events with potential employers that do not have open positions, all of which is documented in my log. Are they going to ask to see transcripts of emails to back this up?

Quote:
Originally Posted by Chyvan View Post
Great, you have nice paper trail. You'll probably be ok, and then cautioned what you need to do like CHANGE your address.

If you get called in for an RESEA appointment to report back to IL, then you're really going to be ticked off.

Yes you can use the NY address if you have a belief that you'll actually get your mail there.

NO! You don't apply for UI in NY. You can collect your IL benefits in all 53 UI jurisdictions in the US and all of Canada no matter what your address is. You might even be able to collect them in any country, but we have issues with that. NY's positions is currently NO. CA's position is if you have a legal right to work in the foreign country then you can, but we don't know what IL does. Those people don't typically have a connection to another country.

The only problem with "moving" is how you do it. If you live in Chicago, and rent a U-haul to drive cross country to live in LA, then don't mark on your UI claim form that you were "able and available" for work just because you submitted online applications while in transit out of a hotel room. That's not reasonable. However, packing a couple of suitcases, taking an overnight flight on a Sunday for a Monday morning arrival, and changing your address to look for work and live out of your suitcases is fine, and then when you get our first vacation from your new job, you go clear out your apartment.

The UI system doesn't work on "tomorrow." "able and available" are defined by NOW! Remember, they look for reasons to deny. They contemplate someone is going to call you and say, "you be here in an hour. We got work for you."

Doesn't matter, and if you start saying this out loud, you just might find that they find your field of work so small that you get cut off.

Stop being logical.
Okay, so I should change my address even though I have not moved yet to satisfy the arbitrary requirement that I'm "available" "now" in the state of my "address." But isn't it too late now that I told the woman on the phone that I still live in Illinois? When I have these phone interviews should I tell them I've moved since I last spoke with their office? Would that fix the retroactive issue? Should I say I misunderstood and I'd actually moved all along? I see what you're saying but I'm not sure how I can apply this new knowledge to my current situation as it stands without looking sketchy like I'm changing my story and trying to game the system.

Quote:
Originally Posted by Chyvan View Post
I disagree. It's your ignorance that will cost you. I could have told you everything you need to know so that you'd have collected week after week with no problems, and I know this because I've been on UI a lot in various scenarios, but it was when I was almost cheated in a textbook case that I became militant so that people would learn this stuff.
Well in this industry I hear layoffs are pretty common and often happen as many as 4 or more times to individuals in their career. So I guess I'll be better prepared for next time regardless of what happens now...
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Old 06-13-2019, 11:17 PM
 
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Quote:
Originally Posted by coconutcashews View Post
So should I be prepared to go through week by week where I was with this guy on the phone? Are they going to require proof of what I say in the form of ticket receipts etc?
They will start with your work search log.

IDES will probably just ask you to fax it in.

Any week by week stuff will happen if your work search log just doesn't look right, but even then you can still use email responses.

Only if you have to do a hearing will you have to worry about receipts and stuff. Besides, all a receipt would prove is where something was bought and when. Not necessarily that YOU bought it.

You need to prove that you are looking for work, and that you can accept that work when offered. What IDES knows now is that you admitted to being in NYC with an IL address, and it looks like it doesn't meet the standard to be able to accept suitable work if immediately offered.

Quote:
Originally Posted by coconutcashews View Post
Like I said I genuinely thought I wasn't eligible for any benefits because I was told repeatedly "you are not eligible for any benefits." I obviously see now how I was ignorant to the processes that kick in once that benefit-less employment ends.
Now, you have something to work with that is your EMPLOYER doing it to you, and you not being ignorant, and try to sell it.

Quote:
Originally Posted by coconutcashews View Post
And I have. Like I said I've done a crazy amount of informational meetings and networking events with potential employers that do not have open positions, all of which is documented in my log. Are they going to ask to see transcripts of emails to back this up?
They might. They will ask you for them, but do NOT volunteer information, and have a rough idea of what the "correct" answer is.

Quote:
Originally Posted by coconutcashews View Post
Okay, so I should change my address even though I have not moved yet to satisfy the arbitrary requirement that I'm "available" "now" in the state of my "address." But isn't it too late now that I told the woman on the phone that I still live in Illinois?
Again, LEARN technicalities. There is a difference between being a resident, and living somewhere.

While in college, I still considered my residence my parents' place, but in the end, where I lived was where my stuff was at. Do you have enough of your stuff with you? If yes, then that's where you live.

Quote:
Originally Posted by coconutcashews View Post
When I have these phone interviews should I tell them I've moved since I last spoke with their office? Would that fix the retroactive issue? Should I say I misunderstood and I'd actually moved all along? I see what you're saying but I'm not sure how I can apply this new knowledge to my current situation as it stands without looking sketchy like I'm changing my story and trying to game the system.
It's ok to game the system. IDES does the same to claimants by keeping them in the dark.

You can just say that you exhausted your work search in IL. That you packed enough to function in NY where you have more to chose from. That your apartment for all practical purposes is nothing but a storage place, and when you find a job in NY or where else, you'll set up a household and get your stuff.
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Old 06-14-2019, 12:52 AM
 
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https://www.edd.ca.gov/UIBDG/Able_an...inSearchofWork

Take guidance from CA. While there's no guarantee that IL will see things the same way, and this stuff can be exceedingly difficult to find, it does give you an idea of how you can "correctly" answer the questions to make this mess go away.
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Old 06-14-2019, 08:06 PM
 
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Some things that stood out to me in reading this thread:

What Chyvan said – And…

1. You might want to separate out the difference between looking for work and being available for work – so it is clear in your head. They are two distinct things. You could be looking for work, but not be available to accept a job if it was offered. So you will want to be clear about what you are going to say to show you were available for work (besides just that you have been looking for work).

2. You might want to separate out the period you have been drawing UI (including the waiting week) to make sure it is clear in your head.

You indicated you did not file a claim until one of the last days of May. It is now mid-June. But in discussing your work search, you are talking about doing 40-50 interviews / meetings/ networking events since you became unemployed. It all seems to be lumped together.

In regard to any interview to determine if you incorrectly claimed to be available for work, they will be interested in your status during the weeks since you filed for benefits (including the waiting week).

You say that you have been in NYC off and on for the duration of your unemployment. Unless, or until, you could get any backdated benefits, where you were (or what you did) before applying for benefits does not seem very relevant, except if you intend to show you traveled to NYC to follow-up on positions you had previously applied for prior to applying for benefits.

I am concerned that you also asked if you admit you just visited your family, does that mean you just miss out on a week or two of benefits, or does it topple the whole thing.

IF you just visited them prior to applying for benefits, it wouldn’t matter – except that you certainly wouldn’t want to claim that you were available or looking for work those weeks, (in the event you did get a backdated claim).

However, if you were “just visiting” during the weeks you claimed benefits, that would matter – and the interviewer wouldn’t be impressed that you searched continuously prior to applying for benefits.

So you might want to get very clear about what you did specifically since the time you applied for benefits. That is what they would be most interested in when determining if you incorrectly stated you were available for work on your claim forms.

3. Do you know what your weekly benefits are? You said you got a debit card that appeared to have 1 or 2 weeks benefit money. You should know whether it was one week or two weeks. You can check online at IDES and see what has been paid.

4. Have you applied for any work in Illinois since applying for benefits, or has your work search pretty much been centered on NYC since that time?

It is possible that they will be satisfied with your work search logs and consider the matter handled, but don’t count on it.

In my case, I called IDES to check on something, and also asked about why I had not been interviewed about claiming my son as a dependent. I was told the interview would be scheduled, but then received a letter that an issue had been brought up as to whether I was available for work. So instead of following up on my son being a dependent (as an disabled adult), they morphed into an “availability issue.” (Watch talking to anyone from IDES and more than necessary because they do seem to twist things into other “issues.”).

In my case, they asked me to fax in my work search log prior to the interview. I printed the one off the Illinois JobLink website and sent that. The interviewer never called and I didn’t hear anything else about not being available.

But you cannot count on that.

You did register on the Illinois JobLink site - right?
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Old 06-14-2019, 08:19 PM
 
774 posts, read 275,066 times
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Illinois Benefits Handbook
http://www.ides.illinois.gov/IDES%20...ns/CLI105L.pdf

"What “Able to and Available for Work” Means

The law states that you must be able to and available for work during any week for which you claim benefits. This means that during the week you must have been willing, ready and able to accept a suitable job. Normally this means a full-time job. You are not able to and available for work if:
1. You are sick and cannot work on any day.
2. You are away on vacation.
3. You must stay at home to keep house or care for your family.
4. You have retired and will not accept a suitable job.
5. After losing your last job, you move to and stay in a community where your chances of getting a job are definitely not as good as those in the community you left.
6. The wages, hours or work conditions you insist on unreasonably limit the chances of your getting a job.
7. Your main occupation is that of a student in attendance at or on vacation from school. However, you may be eligible for benefits if you are attending an approved training course to help you get a job under specified circumstances. If you are enrolled in such a course, inform a representative at IDES Claimant Services, at an IDES office or a workNet Center."
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Old 06-14-2019, 08:26 PM
 
774 posts, read 275,066 times
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​​Illinois UI Law Handbook (contains the Act and related statutes, rules, interpretive guides, and a digest of adjudication precedents)

http://www.ides.illinois.gov/IDES%20...ns/CLI106L.pdf
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